Have you yet considered the fate of your small children should the unthinkable happen and both you and your spouse were not around to continue raising them? The law in Georgia is very specific…
From a local lawyer in Athens, GA- Here is a summary of the law regarding
guardians and conservators of minors. It is probably way more information
than you ever wanted to know:
A guardian has legal responsibility of a minor and stands in the
place of the minor’s parents and is authorized to make for the
minor most of the decisions that are usually consigned to the minor’s
parents. Parents of minors are considered the natural guardians of the minor.
Every parent, by will, may nominate a testamentary guardian for
the parent’s minor child. Unless the minor has another living parent,
upon probate of the parent’s will, letters of guardianship issue to the
individual nominated in the will without notice or hearing, provided that
the individual is willing to serve. In other words, the parent’s nominee
is to become the testamentary guardian without any interference or questioning by the probate court. Testamentary guardians are not required
to give bond or security and will have all of the rights, powers, and
duties of a permanent guardian.
If a minor has no natural guardian (i.e, parent) and the parent has
not nominated a testamentary guardian in his or her will, the probate court is authorized to appoint a permanent guardian for the minor. The court will choose as permanent guardian of a minor that individual who will best serve the interest of the minor and the court is given, by law, a list of “preferences” whom the court may consider when making that choice.
The preferences are:
(1) The adult for whom a minor who is 14 years of age or older has
expressed as his or her preference;
(2) The nearest adult relative of the minor;
(3) Other adult relatives of the minor;
(4) Other adults who are related to the minor by marriage;
(5) An adult who is designated in writing by either of the
minor’s natural guardians in a notarized document or document witnessed by two or more persons; or
(6) An adult who has provided care or support for the minor or with
whom the minor has lived.
So, as you can see above, an individual nominated in a witnesses and
notarized statement by the parent will be considered by the court,
but he or she is 5th in order of preference. In addition, for the court to
appoint a permanent guardian requires notice and a hearing. The court may or may not require a permanent guardian to give bond.
A conservator of a minor is a person who is appointed by the court
to handle the property of the minor. A natural guardian of the minor may deal with the personal property of a minor child without being appointed
conservator if the value of the property does not exceed $15,000. If the minor, after the receipt of whatever property is at issue, will hold personal
property in excess of $15,000, the natural guardian must become the minor’s legally appointed conservator.
Every parent, by will, may nominate a testamentary conservator for
the parent’s minor child for the property that passes to the minor under
the parent’s will. Upon probate of the will, letters of conservatorship
issue to the individual nominated in the parent’s will without notice or
hearing, provided that the individual is willing to serve. Testamentary
conservators are not required to give bond or security and will have all of the rights, powers, and duties of a permanent conservator.
If a minor has no testamentary conservator or receives property
other than through the parent’s will, a conservator for that property will need to be appointed. The order of preference for a conservator is similar to
that of a permanent guardian of the minor, except that a 7th option is
added: the county guardian. The appointment of a conservator requires notice and a hearing and the court will require a conservator to give bond.
